[WSBAPT] Re-Opened Probate and Old Creditor Claims

[Dalynne Singleton]

The probate statutes allow for an extension of the SOL if by another statute, it is allowed.
The probate statute is clear on creditor's claims for the time period in which you can submit one:

1.      Within 2 years of date of death if the PR/Administrator did not provide notice by publication or otherwise to the creditor.
2.      4 months from date of notice to creditors publication

When you have an MVA, it has a 3 year SOL so the time period to make a claim against the estate is 3 years from MVA whether it caused death of person at fault or not.
The time period between the probate 2 year SOL and the MVA 3 year SOL is allowed BUT the probate statute limits the claim to the liability insurance available and nothing from the estate assets.

I would have to say, once the claim is accepted by the PR, then the rules follow that it is paid by the estate if there are monies available to pay.
Just because a creditor's claim is accepted, ALL this means is yes, it is a valid claim.  BUT, if there are no assets to pay it, then it is still a valid claim but sorry, can't be paid.
Waiting 6 years later and re-opening the estate with estate assets becoming available, it is still a valid claim.

But here, we have a creditor's claim made and no action - no acceptance or rejection by the estate.

If the claim is for less than $1,000, then whether accepted or rejected, by holding it, it is allowed.  RCW 11.40.090(2).  But, if for more than $1,000 and you hold it, it is on the PR/Administrator to accept or reject.  The problem is, you are not supposed to be allowed to close an estate without dealing with the creditor's claims presented.  The clerk closed the estate with no action - were the creditors given notice of closing the estate?  Doubtful...

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, June 3, 2016 2:34 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Re-Opened Probate and Old Creditor Claims

Dear Listmates.  Happy beautiful Friday afternoon.  I need to reopen a long-standing, neglected, and troubled probate in order to sell an asset by having the clerk re-issue the letters testamentary.  Probate was opened in 2004.  In reviewing the file online, I see some creditor claims filed in 2005 which I strongly doubt were paid.  Probate was administratively closed by court clerk in 2012 because of lack of activity and neglect.

Do I need to be worried about the creditor claims?  Are they still valid?  Client would like to open the probate, get new letters, sell the asset, and then close the probate.

[cid:image006.jpg at 01D1C003.70F0F710]
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